Opinion issued August 31, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00452-CV

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In re Church Mutual Insurance Company, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          By petition for writ of mandamus, relator Church Mutual Insurance Company challenges the trial court’s April 13, 2010 denial of its motion to abate and compel appraisal.[*]

          We deny the petition for writ of mandamus.  See Tenneco Inc. v. Enter. Prods. Co., 925 S.W.2d 640, 643–44 (Tex. 1996) (observing that waiver is question of fact); see also Tex. R. App. P. 52.7 (requiring relator to file copy of every document material to its claim for relief).

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Massengale.